Frequently Asked Questions

The information on this page does not exempt you from consulting the Labor Code and Labor Law in force.

The contents here present may change at any time, in case of doubt, seek legal advice from a specialized professional.

Holidays, Bank Holidays and Absences

What annual holiday period is the worker entitled to?

Workers have the right to 22 days of paid holiday per calendar year, a right which lapse on 1st January.

As a rule, the worker has the right to holidays corresponding to the work done in the previous calendar year, but is not conditioned by the worker's assiduity or effectiveness.

But:

- In the year that the contract is signed, the worker only has the right to 2 working days per month coming to total of no more than 20 working days if they have worked for 6 months. But if the worker has not completed six months or taken a holiday by the following year, they will have until 30th June of the following year. However, no worker can take more than 30 working days holiday in the same year unless permitted by collective agreement.

Contracts of under six months:

- If the contract is for a period of under six months, the worker has the right to 2 working days holiday for each complete month of work;
- In contracts of under 6 months, holidays are taken immediately before the contract terminates, except where otherwise agreed by both the parties.

Can the worker give up their right to holidays?

In theory the right to holidays cannot be renounced, but the worker can take 20 working days holiday, and give up the rest, and will receive the wages and subsidies corresponding to the total.

Can the holidays of various years be accumulated?

In theory, the worker cannot accumulate the holidays of various years. The holidays should be taken in the year that they are due. But if there is an agreement or if the worker wishes to spend their holidays with family members living abroad, the holidays may be taken during the 1st three months of the following year, if accumulated with the holidays of that year. In addition, by agreement between employer and worker, the worker may accumulate half of their holidays from the previous year with those of the following year.

What wages is the worker entitled to during the holidays?

The worker has the right to the same wages that they would have earned had they been effectively in service. In addition to their wages, the worker has the right to holiday pay equal to their monthly wage.

When and how should holiday, dates be fixed?

Holiday dates are fixed by agreement between employer and worker. If there is no agreement, the holiday period should be fixed by the employer for between 1st May and 31st October, except where the workers' committee or the provisions in the collective agreement state otherwise.

When holiday dates are fixed, if possible the most popular holiday periods should be apportioned to the workers alternately according to the holiday's taken in the previous two years. Spouses or partners who work in the same company or establishment should take their holidays at the same time as long as this does not cause serious damages for the employer.

Does the worker with a fixed-term contract have the right to the same annual holidays?

The worker admitted with a contract of a total duration of less than six months has the right to two working days holiday for each completed month of the employment contract. In this case, their holidays should be taken immediately before the contract terminates, except where otherwise agreed by both parties.

What types of absences are there?

There are two types of absences - justified or unjustified.

Justified absences are:

- For 15 consecutive days after marriage;

- For 20 consecutive days after the death of a spouse or non-marital partnership, children or stepchildren;

- For 5 consecutive days after the death of father, mother, stepfather, stepmother, father-in-law, mother-in-law, son-in-law and daughter-in-law;

- For 2 consecutive days after the death of grandparents, great-grandparents, grandchildren, great-grandchildren, brothers and in-laws;

- For gestational grief, loss of a child still in the gestation phase, 3 consecutive days;

- When attending classes or taking examinations in a teaching establishment;

- In the case of illness, accident or fulfilment of legal obligations;

- For up to 30 days a year, when there is a need for assistance which cannot be postponed and is vital, in the case of illnesses or accidents of children, adopted children or step children under the age of 10 or independently of their age if they are chronically disabled or ill;

- For up to 30 consecutive days after the birth of a baby to assist grandchildren who are the children of adolescents who live with the worker;

- For up to 4 hours for the person responsible for the minor's education to travel to the school once every three months;

- When the candidates for adoption needs to go to social security services or meeting with the social security technicians, to gather information about the adoption process;

- For workers elected to workers' representative structures to fulfill functions more than their credit in hours;

- For the electoral campaign of candidates for public positions during the campaigning period;

- When authorised or approved by the employer.

Is it the worker's duty to inform their employer that they will be absent from work?

Five days' notice must be given of foreseeable absences. The employer must be notified of unforeseeable absences as soon as possible.

If other absences immediately follow those already reported, they must also be reported to the employer.

What proof is needed to justify absences?

The employer can ask for proof during the 15 days after absences have been reported. Proof of illness must be provided by a hospital establishment, health center or doctor's note and can be verified by a doctor from the social security services at the employer's request. Proof of the death of the spouse, relation or similar is provided by a declaration from the funeral services. In the case of illness, if the social security services do not indicate the doctor within 24 hours, the employer will appoint a doctor with whom they have no contractual bond. If the medical reports are in contention, then the medical board may be asked to intervene. The presentation of a medical declaration for fraudulent purposes is a false medical declaration and would be just cause for dismissal.

What is the effect of justified absences?

Justified absences are not all paid by the employer. They will not pay for justified absences due to: illness if the worker is covered by the social security system; an accident in the workplace, if the worker is covered by insurance; or absences justified by laws outside the Labour Code which exceed 30 days per year and absences authorised or approved by the employer.

The employment contract is suspended in the case of illness, accident or the fulfilment of legal obligations (military service, civic service) which effectively or foreseeably exceed one month.

When time is taken off to take part in electoral campaigns, only one third of the justified absences will be paid and the worker may only take half or whole days off if they give the employer 48 hours' notice.

What are the consequences of unjustified absences?

Which holidays are compulsory?

- 1st January
- Good Friday
- Easter Sunday
- 25th April
- 1st May
- Corpus Christi
- 10th June
- 15th August
- 5th October
- 1st November
- 1st December
- 8th December
- 25th December

Does the worker lose the right to be paid for bank holidays?

No. The worker has the right to be paid for all bank holidays and the employer may not compensate for them with overtime.